|
U.S. Code as of:
01/19/04
Section 4806. Regulatory appeals process, ombudsman, and alternative dispute resolution
(a) In general
Not later than 180 days after September 23, 1994, each
appropriate Federal banking agency and the National Credit Union
Administration Board shall establish an independent intra-agency
appellate process. The process shall be available to review
material supervisory determinations made at insured depository
institutions or at insured credit unions that the agency
supervises.
(b) Review process
In establishing the independent appellate process under
subsection (a) of this section, each agency shall ensure that -
(1) any appeal of a material supervisory determination by an
insured depository institution or insured credit union is heard
and decided expeditiously; and
(2) appropriate safeguards exist for protecting the appellant
from retaliation by agency examiners.
(c) Comment period
Not later than 90 days after September 23, 1994, each appropriate
Federal banking agency and the National Credit Union Administration
Board shall provide public notice and opportunity for comment on
proposed guidelines for the establishment of an appellate process
under this section.
(d) Agency ombudsman
(1) Establishment required
Not later than 180 days after September 23, 1994, each Federal
banking agency and the National Credit Union Administration Board
shall appoint an ombudsman.
(2) Duties of ombudsman
The ombudsman appointed in accordance with paragraph (1) for
any agency shall -
(A) act as a liaison between the agency and any affected
person with respect to any problem such party may have in
dealing with the agency resulting from the regulatory
activities of the agency; and
(B) assure that safeguards exist to encourage complainants to
come forward and preserve confidentiality.
(e) Alternative dispute resolution pilot program
(1) In general
Not later than 18 months after September 23, 1994, each Federal
banking agency and the National Credit Union Administration Board
shall develop and implement a pilot program for using alternative
means of dispute resolution of issues in controversy (hereafter
in this section referred to as the "alternative dispute
resolution program") that is consistent with the requirements of
subchapter IV of chapter 5 of title 5 if the parties to the
dispute, including the agency, agree to such proceeding.
(2) Standards
An alternative dispute resolution pilot program developed under
paragraph (1) shall -
(A) be fair to all interested parties to a dispute;
(B) resolve disputes expeditiously; and
(C) be less costly than traditional means of dispute
resolution, including litigation.
(3) Independent evaluation
Not later than 18 months after the date on which a pilot
program is implemented under paragraph (1), the Administrative
Conference of the United States shall submit to the Congress a
report containing -
(A) an evaluation of that pilot program;
(B) the extent to which the pilot programs meet the standards
established under paragraph (2);
(C) the extent to which parties to disputes were offered
alternative means of dispute resolution and the frequency with
which the parties, including the agencies, accepted or declined
to use such means; and
(D) any recommendations of the Conference to improve the
alternative dispute resolution procedures of the Federal
banking agencies and the National Credit Union Administration
Board.
(4) Implementation of program
At any time after completion of the evaluation under paragraph
(3)(A), any Federal banking agency and the National Credit Union
Administration Board may implement an alternative dispute
resolution program throughout the agency, taking into account the
results of that evaluation.
(5) Coordination with existing agency ADR programs
(A) Evaluation required
If any Federal banking agency or the National Credit Union
Administration maintains an alternative dispute resolution
program as of September 23, 1994, under any other provision of
law, the Administrative Conference of the United States shall
include such program in the evaluation conducted under
paragraph (3)(A).
(B) Multiple ADR programs
No provision of this section shall be construed as precluding
any Federal banking agency or the National Credit Union
Administration Board from establishing more than 1 alternative
means of dispute resolution.
(f) Definitions
For purposes of this section, the following definitions shall
apply:
(1) Material supervisory determinations
The term "material supervisory determinations" -
(A) includes determinations relating to -
(i) examination ratings;
(ii) the adequacy of loan loss reserve provisions; and
(iii) loan classifications on loans that are significant to
an institution; and
(B) does not include a determination by a Federal banking
agency or the National Credit Union Administration Board to
appoint a conservator or receiver for an insured depository
institution or a liquidating agent for an insured credit union,
as the case may be, or a decision to take action pursuant to
section 1831o of this title or section 1790a of this title, as
appropriate.
(2) Independent appellate process
The term "independent appellate process" means a review by an
agency official who does not directly or indirectly report to the
agency official who made the material supervisory determination
under review.
(3) Alternative means of dispute resolution
The term "alternative means of dispute resolution" has the
meaning given to such term in section 571 of title 5.
(4) Issues in controversy
The term "issues in controversy" means -
(A) any final agency decision involving any claim against an
insured depository institution or insured credit union for
which the agency has been appointed conservator or receiver or
for which a liquidating agent has been appointed, as the case
may be;
(B) any final action taken by an agency in the agency's
capacity as conservator or receiver for an insured depository
institution or by the liquidating agent appointed for an
insured credit union; and
(C) any other issue for which the appropriate Federal banking
agency or the National Credit Union Administration Board
determines that alternative means of dispute resolution would
be appropriate.
(g) Effect on other authority
Nothing in this section shall affect the authority of an
appropriate Federal banking agency or the National Credit Union
Administration Board to take enforcement or supervisory action.
|
|